Legal Opinion · Concurrence

Fort Morgan Civic Ass'n v. City of Gulf Shores

Supreme Court of Alabama

Decided April 27, 2012No. 1101440Published

1ConcurrenceMurdock, Justice

I concur in the result reached by the main opinion. I write separately to express concerns regarding this Court’s jurisprudence as to so-called “long-lasso annexations” as discussed in Part III of the main opinion and to comment on the use of the ore tenus standard of review in Part IV of the opinion.

Long-Lasso Annexations

The main opinion reasons from existing precedent to conclude that the acceptability of a “long-lasso” annexation turns on whether the “lasso” encompasses more than a public roadway. The opinion notes that in City of Fultondale v. City of Birmingham, 507 So.2d 489, 491…

2Cases cited18 opinions

  1. City of Middletown v. McGeeOhio Supreme Court · 1988
  2. Smith v. Mark Dodge, Inc.Supreme Court of Alabama · 2006
  3. Town of Mt. Pleasant v. City of RacineWisconsin Supreme Court · 1964
  4. Clark v. HoltSupreme Court of Arkansas · 1951
  5. State Ex Rel. Danielson v. Village of MoundSupreme Court of Minnesota · 1951

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